Constable Shiv Charan no.268, Constable Balbir Singh 381, in a private car was present in Ismailabad town in connection with detection of crimes. I had received a secret information through an informer, that one truck bearing registration no UHN-299 make TATA, whose driver is Hari Sharan son of Shyam Lal caste Bairagi resident of Shamli, uses to bring the poppy husk from Uttar Pradesh and uses to deliver the same to his customers. Today, in this truck, Kashmir Singh son of Kessar Singh caste Jat Sikh resident of Thaska, Krishan Lal son of Ganga Ram caste Khatri resident of Mohalla Meeranbi Shahabad and Shingara Singh son of Mangal Singh Rai Sikh resident of Rohar Police station Safidon District Jind, will be coming alongwith their respective poppy husk for bringing the same to village Thaska from the side of Jhansa. The above all smugglers alongwith the truck could be apprehended. Because the information is true and believable, so, a prima-facie case under Section 15-61-85 of N.D.PS. Act is found to be made out. Hence, a writing is being sent to the police station Ismailabad for registration of case through Constable Shiv Charan 268. Since the right of search under N.D.P.S. Act are available with the Gazetted Officer, so, Addl. Superintendent of Police Kurukshetra through wireless message, be intimated to reach on the spot. I, alongwith co-officials, am proceeding to village Thaska for holding a nakabandi. Sd/- in English Amar Nath, S.I., Incharge of branch of C.I.A. Staff Pehowa dated 4.4.1993 at 2.45 P.M.. Today, in Ismailabad Town.”

3. After the recovery was effected, the investigation was further conducted by Inspector Amar Nath. Inspector Amar Nath waited for the arrival of Mohd. Akil, Assistant Superintendent of Police, Kurukshetra, who reached at the spot at about 4.00 p.m. and the facts were narrated to him. The Assistant S.P. conducted the search of the cabin and it was found to be containing 37 bags, each weighing 40 kgs of poppy straw. One hundred grams of poppy straw was separated from each gunny bag as a sample. The sample as well as the remaining poppy straw were separately sealed with the seal of “AL” and were taken into possession by the police vide recovery memo Exhibit PD. The seal after its use was retained by the Asstt. S.P., and the truck, ropes, etc., along with the contraband were taken into possession by the police vide separate recovery memos. The accused were formally arrested in the present case and the rough site plan (Exhibit PJ) was prepared. The statements of various witnesses were also recorded and the samples were sent to FSL, Madhuban for analysis by the chemical examiner. 4. During the course of investigation, it was discovered that Parbhu Dayal and Asha Ram were the registered owners of the truck in question. The FSL report (Exhibit PA) was received to the effect that the samples contained poppy straw. After completion of the necessary investigation, a final report under Section 173 Cr.P.C. was submitted by S.I.

Ram Charn, S.H.O., Police Station Ismailabad.

5. After hearing both the sides, the trial court had found a prima facie case under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “the NDPS Act”) against the accused and they were charge-sheeted accordingly. A separate charge for the offence under Section 25 of the NPDS Act was also framed against Parbhu Dayal, the accused. All the accused claimed that they had been falsely implicated in the present case and prayed for holding a trial by the trial Court.

6. During the course of trial, the prosecution had examined nine witnesses, namely, S.K. Nagpal as PW-1, Constable Shiv Charan as PW-2, SI Ram Charan as PW-3, SI Naranjan Singh as PW-4, Mohd Akil as PW-5, Inspector Amar Nath as PW-6, SI Jaswant Singh as PW-7, Visesh Chand as PW-8 and Rajinder Kumar as PW-9.

7. After completion of the prosecution evidence, the same was put to the accused in the form of statements under Section 313 Cr.P.C. and all